After Friedman’s post went up, Shuman apparently contacted the writer to note that he is still alive. Friedman responded by acknowledging this, questioning why Keys hadn’t cleared rights, and to say that Shuman had a “good lawyer” on the case.
A lawsuit was indeed filed, and — surprise — the complaint quotes a substantial portion of Friedman’s original post, including a sentence that appears to have now been removed: “Keys only uses two seconds of the original, but it helps makes her record,” he wrote.
If true, one would think that Shuman’s assumed good lawyer would have no problem spelling out the alleged infringement.
Instead, in Shuman’s lawsuit against Keys, Sony Music Entertainment and others, the plaintiff points to Friedman’s blog, saying, “While the Showbiz411.com statements that Shuman has ‘gone to rock and roll heaven’ and concerning ‘two seconds’ of use are not accurate, Plaintiff alleges that the above observations by Showbiz411, in their essence, are apt.”
Shuman’s lawyer, Philip Kaplan of Los Angeles, attaches a copy of his client’s songsheet but hardly goes into any discussion of Keys’ song except to spend a few graphs on its international success and the allegation that it includes a drum sample from another song.